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(영문) 부산지방법원 2018.07.13 2018고정778

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant did not have any intent or ability to pay the value of the fact at the time of November 9, 2017, the charges of “C dan” located in Busan Dong-gu for about 3 hours and 20 minutes from around 18:30 to around 21:50 on that day are written in singing. However, according to the evidence examined by this court, it is evident that the Defendant is C danran.

It does not seem to hinder the exercise of the defendant's right to defense by recognizing it as above without any changes in indictment.

[In the facts charged of victim D, E is indicated as the victim, but according to the evidence examined by this court, E is clear that E is an employee.

It does not seem to hinder the exercise of the defendant's right to defense by recognizing it as above without any changes in indictment.

[Operation] Along with the same attitude to pay the alcohol value in a normal manner, the employee E ordered alcohol, alcohol, etc.

As above, the Defendant: (a) by deceiving an employee E, was provided with the two weeks each week (150,000 won); (b) one week each week each time from the injured party; (c) 30,000 won; (d) 2 hours each time each time (40,000 won); and (c) 240,000 won each time (20,000 won); and (d) did not pay the amount equivalent to the total market value of KRW 240,000.

Accordingly, the Defendant, by deceiving the victim, received property equivalent to KRW 240,000 and took property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes on invoices and business registration certificates;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.